Babar Ali v. Union Of India And Others

Babar Ali v. Union Of India And Others

(Supreme Court Of India)

SLP (C) No. 15684 of 1999 | 05-11-1999

1. We find that there is no question of the Arbitration and Conciliation Act, 1996 being unconstitutional or in any way offending the basic structure of the Constiiution of India, as the High Court has rightly observed that judicial review is available for challenging the award in accordance with the procedure laid down therein. Only because the question of jurisdiction of the Arbitrator is required to be considered after the award is passed and not at any penultimate stage by the appropriate court, it cannot be a ground for submitting that such an order is not subject to any judicial scrutiny. The time and manner of judicial scrutiny can legitimately be laid down by the Act passed by Parliament. The challenge to the vires of the Act was rightly rejected by the High Court. We fully endose that view.

2. The special leave petition is dismissed.

Court Masters.

Advocate List
Bench
  • HON'BLE JUSTICE D. P. MOHAPATRA
  • HON'BLE JUSTICE S. B. MAJMUDAR
Eq Citations
  • JT 1999 (10) SC 508
  • (2000) 2 SCC 178
  • LQ/SC/1999/1099
Head Note

Constitution of India — Arts. 13, 14, 19(1)(g) and 32 — Arbitration and Conciliation Act, 1996 — S. 34 — Vires of — Challenge to — Held, High Court has rightly observed that judicial review is available for challenging the award in accordance with the procedure laid down therein — Only because the question of jurisdiction of the Arbitrator is required to be considered after the award is passed and not at any penultimate stage by the appropriate court, it cannot be a ground for submitting that such an order is not subject to any judicial scrutiny — The time and manner of judicial scrutiny can legitimately be laid down by the Act passed by Parliament — Challenge to the vires of the Act was rightly rejected by the High Court — Hence, held, there is no question of the Arbitration and Conciliation Act, 1996 being unconstitutional or in any way offending the basic structure of the Constitution of India — Arbitration and Conciliation Act, 1996, Ss. 34, 11 and 16